The Monitoring Committee constituted by Supreme Court
for 'mixed-land-use' was hearing suggestions of RWAs
at IHC. Press had reported this on the weekend and I
had gone over to watch. I have some interesting video.
Afterwards I met the committee with the following
'representation', copy of which I have also dispatched
to DDA VC and MCD Commissioner.
====
Sir,
I am a qualified planner and researcher and am making
this representation pursuant to news reports of the
above meeting and on assumption of consideration also
of others' representations based on prior engagements
by judicial and quasi-judicial processes. I seek to
invite attention of the Committee to the following:
A. *Notification issued by MoUD / MoS on 28.3.06*,
which to my knowledge has neither been allowed nor
quashed by Hon'ble Supreme Court, proceeds from the
assertion (paras 2&3) that objections / suggestions
received with regard to draft MPD-2021 chapter on
Mixed Use Regulations have been considered by Board
for Enquiry and Hearing and thence by the Authority of
the DDA and Central Government. However, objections /
suggestions were neither invited nor heard
chapter-wise. I am aware of objections / suggestions
relating to Mixed Use proposals duly filed, with
reference to pending matters, as part of responses to
proposals for commercial use, residential use, urban
villages, redevelopment, on which hearing has not been
given according to Rules. Moreover, at public hearing
on 16.1.06, the Board decided on separate hearing for
proposals relating to commercial use, which also has
not been held. Also, by Public Notice dated 15.2.02,
the Authority of the DDA had invited objections /
suggestions on a proposal specifically for
modification of Mixed Use regulations, which also has
not been disposed off according to Rules. In view of
pending matters, I had made on 28.3.06 a request under
Right to Information Act, 2005, to MoUD for, inter
alia, inspection of files relating to then proposed
notification for Mixed Use regulations, which was not
allowed and I have made First Appeal.
B. *Sealing by MCD in 'development area' is also
underway*, as certain roads identified by it are in
such area wherein powers to act against MPD violations
vest in the DDA, not in MCD. While MCD is effecting in
these areas sealing of certain types of misuse
pursuant to orders of the Hon'ble Supreme Court, other
instances of commercial misuse are being spared on the
specious plea that it has no jurisdiction in
'development area'. This anomaly is making for an
unfortunate situation of action against violations
furthering not the planned development that violations
impede but other violations / unplanned development
not brought to the notice of the Hon'ble Court. This
anomaly / related issue of action-plans to harmonize
compliance of general orders with imperatives of
area-specific pending matters has been raised with the
authorities, including under RTI Act.
I urge steps for harmonizing compliance of the Hon'ble
Supreme Court's orders with all relevant statutory,
judicial and quasi-judicial imperatives.
Yours sincerely...
__________________________________________________
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for 'mixed-land-use' was hearing suggestions of RWAs
at IHC. Press had reported this on the weekend and I
had gone over to watch. I have some interesting video.
Afterwards I met the committee with the following
'representation', copy of which I have also dispatched
to DDA VC and MCD Commissioner.
====
Sir,
I am a qualified planner and researcher and am making
this representation pursuant to news reports of the
above meeting and on assumption of consideration also
of others' representations based on prior engagements
by judicial and quasi-judicial processes. I seek to
invite attention of the Committee to the following:
A. *Notification issued by MoUD / MoS on 28.3.06*,
which to my knowledge has neither been allowed nor
quashed by Hon'ble Supreme Court, proceeds from the
assertion (paras 2&3) that objections / suggestions
received with regard to draft MPD-2021 chapter on
Mixed Use Regulations have been considered by Board
for Enquiry and Hearing and thence by the Authority of
the DDA and Central Government. However, objections /
suggestions were neither invited nor heard
chapter-wise. I am aware of objections / suggestions
relating to Mixed Use proposals duly filed, with
reference to pending matters, as part of responses to
proposals for commercial use, residential use, urban
villages, redevelopment, on which hearing has not been
given according to Rules. Moreover, at public hearing
on 16.1.06, the Board decided on separate hearing for
proposals relating to commercial use, which also has
not been held. Also, by Public Notice dated 15.2.02,
the Authority of the DDA had invited objections /
suggestions on a proposal specifically for
modification of Mixed Use regulations, which also has
not been disposed off according to Rules. In view of
pending matters, I had made on 28.3.06 a request under
Right to Information Act, 2005, to MoUD for, inter
alia, inspection of files relating to then proposed
notification for Mixed Use regulations, which was not
allowed and I have made First Appeal.
B. *Sealing by MCD in 'development area' is also
underway*, as certain roads identified by it are in
such area wherein powers to act against MPD violations
vest in the DDA, not in MCD. While MCD is effecting in
these areas sealing of certain types of misuse
pursuant to orders of the Hon'ble Supreme Court, other
instances of commercial misuse are being spared on the
specious plea that it has no jurisdiction in
'development area'. This anomaly is making for an
unfortunate situation of action against violations
furthering not the planned development that violations
impede but other violations / unplanned development
not brought to the notice of the Hon'ble Court. This
anomaly / related issue of action-plans to harmonize
compliance of general orders with imperatives of
area-specific pending matters has been raised with the
authorities, including under RTI Act.
I urge steps for harmonizing compliance of the Hon'ble
Supreme Court's orders with all relevant statutory,
judicial and quasi-judicial imperatives.
Yours sincerely...
__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com